Arizona weekly citizen., 1887-04-09
The Trials and Punishment of Indian Offenders.
 tGlObs Silver Baltl
lGIObs Silver Belt

Sec. 9. of Congressional Act. approv
 ed March 3. 1885, reads ss tollows
 "rhss immediately upon and after the
 date of the passage of this Act all In dians committing against the person or
 property ot smother Indian. or other person, any of the following crimes namely: Murder, msnslaushter- rane assault with intent to kIll, arson, bur Elsry, and larceny, within any territory of the United States. and either within or without an Indian reservation shall be subject therefor to the laws of such territory relating 10 said crimes and shall De tried therefor in the same courts and m the same manner. and shall he subject to the same penalties as are an other persons charged with the comp,is- sion of said crimes respectively and ,he said courts are hereby given iurisdirtion in all such eases; and sll sueh Indians committing any ot the above crimes against any person or property of an other Indian or other person within the boundaries of any state of the United States. and within the limits of any In dian reservation. shall be subject 10 the same laws, tried in the same manner and subject To the same penalties as are all other persons committing any of the above crimes within the exclusive juris- dictIon of the United States"
 In accordance with the above act. i. is proposed to bring to Globe for trial st the approaching term of the District Court, the Indian who shot Lieut Mott. While to the unGhinklng this may appear desirable and just, yet we believe that our taxpayers vilI ob- iect, when brought to a full realization of what the trial of Indian criminals in our Territorial courts really signifies. and that there will be vigorous protest entered by citizens of those counties upon which this incubus IS likely to be fastened. The case of the San Cerlos Agency Indian referred to, if admitted Co trial ID our District Court, will be a precedent, an opening wedge to make IL the tribunal before which all Indian culprits, st the Agency will be brought to answer; and we will leave taxpayers to reckon up what this would mean 10 them-the trial. and concomitant expenses, Of twenty or thirty IndIsns yearly
 The little county of Gils, struggling under many adverse circumstances, has succeeded in maintaining her credit un- impared; but our taxes are burden some. with the prevailing apathy in all kinds of business, and our taxable wealth at present making no apprecisble ad vance: and if Indian criminals, from the re reservation, are to be tried here, at the expense, then it will simply nesn 8 noticeable increase in the rate of taxation, and the probable deprecia- .ion of our credit.
 But aside from this view of the quss- tion, It 10 clearly the duty of the United States government to defray all eI- penses incurred in the trials of Indians, who are not citizens and contribute nothing to the support of communities In which they live, and as Attorney Gen sral Garland has but very recently e1- pressed 1t, "the iurisdiction to try and punish Indians. for crimes committed, hes Tn the federal side of the District Court" Therefore the twenty Indians now in jail at San Carlos should, be taken tO Tucson or Phenix
  torney O. T. Rouse writes that, in sc. cordsnoe with The above opinion of the Attorney General, hs will take steps to bring the Indian offenders, now in jail at San Carlos, before the Federal Court for trial.
 There is a difference of opinion among he legal fraternity of the Territory as To the meaning of the above act, there being a seeming ambiguity in its phrase ology. The first part oi the section, of he sct, above quoted would seem to give territorial courts jurisdiction in the trial and punishment of Indian offend ers. while the last clause implies that ID such cases lies solely with he federal courts.
 Before mourning the expense inci- lent to the fetching of an Indian from San Carlos to Globe for trial, would it lot be well to obtain the opinion of Judge Porter as to the jurisdiction of erritorsl court, and, perhaps, save the county useless expense.